3968 Chadwick Drive - Boyce, Mark/Jill o
CT
g V
199909946576
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 08 -06 199 9 At 12 :23 pm.
ENCROACHMNT 22.0
APPROVED, AS TO
FOB RY:
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is hereby made and entered
into by and between Mark W. Boyce and Jill Boyce, husband and wife, 1200 Woodgate Drive, Carmel,
Hamilton County, Indiana 46033 (jointly and individually, the "Owner and the City of Carmel,
Hamilton County, Indiana, by and through its Board of Public Works and Safety (the "City
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate (the "Lot commonly known as 3968
Chadwick Drive in the Carolina Commons Subdivision, located in the City of Carmel, County of
Hamilton, State of Indiana, as is more particularly described as follows:
Lot Number 61 in Carolina Commons, Section 2, the plat of which is
recorded in Plat Book #13, Pages 60 -64 in the Office of the Recorder of
Hamilton County, Indiana,
and
WHEREAS, Owner wishes to construct a residential driveway (the "Driveway on the Lot; and
WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Driveway, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference;
and
WHEREAS, the Driveway will be constructed on portions of the Lot designated as a Drainage and
Utility Easement (the "Easement which is identified on the Sketch as "10' D &UE which generally
runs along the north property line of the Lot; and
WHEREAS, the Easement is beneficial to City and its residents; and
�cb iiisui 1 c ciicioaclibo }cc doc 7/5 1
WHEREAS, as indicated on the Sketch, the Driveway will encroach (the "Encroachment upon
the Easements, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the Driveway as indicated by Owner on the Sketch will not materially interfere with
City's use of the Easement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the sufficiency and receipt of which is hereby
acknowledged, the parties mutually promise, agree and covenant as follows:
1. The foregoing preambles, recitations and definitions are made a part hereof as though they
were fully set forth herein.
2. City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Driveway from what is depicted on the Sketch.
4. Owner agrees that City shall have the right to remove all or any portion of the Driveway as
City deems necessary, in its sole discretion, to install, protect or repair utility lines, sewer
lines or drainage ditches, to repair, improve or widen streets, to repair or replace sidewalks
or curbs located within or adjacent to the Easement, and /or for any other purpose, and that,
should City take such action, City shall incur no obligation to repair, replace or reimburse
Owner for the cost of any damages thereby caused to the Driveway.
[cb Ins, Old c ]cncrodcli\boScc doc 7/8,99]
5. Owner agrees to indemnify and hold harmless City, its officers, officials, employees,
invitees, licensees, guests and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury, death,
destruction or damage to any property or improvements located in or on the Lot, or
otherwise, which results directly or indirectly from any action or inaction of City, its
employees, officers, officials, invitees, licensees, guests or agents in or adjacent to the
Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to
replace or repair any damage to the Easement and any improvements located partially or
entirely therein or adjacent thereto caused, in whole or in part, by the installation,
construction, maintenance or operation of the Driveway.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City a recorded copy of same within five (5) business days from the effective
date of this Agreement.
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
9. The parties executing this Agreement represent and warrant that they are authorized to
enter into and execute this Agreement for and on behalf of the party which they represent.
[cb m, %ord c ■cuaoach■bo>ce doc 7/8199] 3
10. This Agreement shall be effective as of the date on which it is last executed by a party
hereto.
"OWNER" "CITY"
Mark W. Boyce CITY OF CARMEL, INDIANA
Date: 7- /y 77 BY AND THROUGH ITS BOARD OF
PUB IC WORKS AND SAFETY
,i4
Jill Boyce nes Brainard P esidii O fi r
Date: C rk
e: o `er i
f/ 1
Mary Ann lurke, r Memb 9 �y
Date —ca f
7
Billy�� alker, Member
Date:
ATTEST:
Il
Diana Cordray, k -Trews irer
Date: 4
STATE OF INDIANA
SS:
COUNTY OF"m1LT
Before me, a Notary Public in and for said County and State, personally appeared MarkW. Boyce
and Jill Boyce, husband and wife, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as their voluntary act and deed.
f fZ
Witness my hand and Notarial Seal this 4 day o API L/, 'pF v
(root
A II Of 0 °3
M Cojilss� n Ex i ces:
I Panted Name n Jj�"
My County of Residenc
kb in,,, ord c \cocroaclObo■cc doc 7,8,99] 4
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and BILLY WALKER, by nee known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and DIANA L. CORDRAY, Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To
Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of Div 199
X 6 1 64-eiji-)
L 0
NOTARY PUBLIC
My Commission Expires:
12- C(O Printed Name
My County of Residence: t
f t
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[ch m,roid c:'cncroacb■bovice doc 7'S/ )9]
I 1 The t 3020 North Post Road ELghSCering
I>i'11au plis, Indiana Surveying NOTE:
THIS URAWING IS BASED ON CONSTRUCTION PLANS OR RECORD
lJ del f r 48228 -0088 LandsaaN Amillt"-- DRAYANGS AND IS NO1 BASED UPON A FIELD SURREY. T
317 -B8B- -8202 GIS LIS SCT1NEIDER CORP. 00ES NOT WARRANT THE ACCURACY OR
Corpor a1 ion 317 -0O5 -2803 FAX Geala
6 SUFFICIENCY OF THIS INFORMATION. THE CONTRACTOR SHOULD
6,_ „A VERIFY EXISTING CCNUI1I0NS PRIOR TO ANY CONSTRUCIION. ANY
F6676 PROPOSED GRADE DISCREPANCY FOUND UPON THIS DRAWING SHOULD BE REPORTED
00.0 PRE. CONSTRUCTION GRADE 10 THE SCHNEIDER CORP. IMMLDIATCLY; FAILURE TO DO
NOTE: SO s RESULT IN THE CONTRACTORS ASSUMPTION OF LIABILITY.
THE BASEMENT ELEVATION DEPICTED HEREON IIA$ PEEN DETERI1NTD AND BASED UPON RlE PAD GRADES AND OR CONTOURS TAKEN FRCN 111E CONSIRUCTION PLANS
FOR IRE SU(UIXVI9CN. UNLESS STATED, NO IHFOHMAO0N ADOOT FLUC1UAI1NC WATER TABI ES, 5(YL CONDITIONS (R SOIL TYPES 'ARON THE' BUILDING AREA HAS DEEN
PRONGED OR STATED ON SAID PLAN. II IS RECOI.04(NDED THAT BASEMENT FINISHED FLOOR ELEYATICHS BE AT LEAST (2) FEET ABOVE THE NORMAL POOL
ELEVATION EI ANY ADJOINING BODIES Of WATER UNLESS A STU)Y OF FACTS REVEALS OTHERNISC, fF DURING THE EXCAVATION PROCESS, MY CROUHOIt'AT1R IS
YAINESFED, 111E SCHNELER CORP. SHOULD NE NOTII1ED IMIEDIAIL1,Y, 1110 GAT. '1T C1.1'C1.1';:.".,:;-: E:i:,;.;:. of RAISED (2) FEET ABOVE THE C2t01xr'UWATER
IEVEL AND ADDITIONAL. CONSTRUC110N 10088)CUES SHOULD HE INCORPORATED TO NIEMAIE FUIUTC PRCV_EUS,
:ZS 1
7
11 56.0 T 7 5
65 STAN SEW -O sr -acs POi PL1N
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f ASSMED NORTH
SCALE: 1 a no
25'Rl1t I o
__%.1-.-% sue.--
T�,�(,',�L SWA LE S ast
8(1.5' LOT 61 I c ;I- APPROXIMATE LOCATION
CONFIRM
20,492 SE k_ j CONSTRUCTION BEFORE
SAN: LAT.
AND WATER SERVICE LINE.
I NOTE: UTILITY I.ATERAL
LOCATIONS INFORMATION
WAS PROVIDED BY CLIENT
Ico NOTE:
1N THE RESIDENTIAL DISTRICTS LIMITING
t .HZ°$c'o'' li 27.3
a HEIGHT TO TWENTY -FIVE (2.5) FEET, A
DWELLING MAY DE INCREASED IN HEIGHT
0 o [J TO THIRTY -FIVE: 35 FEET PROVIDED
10,0' 56.2 r i, 57.2\ 7,, I THE SIDE AND REAR YARDS ARE
Ts'. 3
Uri INCREASED AN ADDITIONAL FOOT FOR
51.0 Mama I G EACH FOOT OJCH STRUCTURE EXCEEDS
56.1 WONGF1E r 5- TWENTY -FIV„ 25) h HEIGHT.
Orv- 71(I.SE E;O IN CE 2
tHkLL CAN I 5 PER CARMEL ZONING ORDINANCE 20 -1.1.
GNLACE m CONC.
B`VA(NT RI. 7 48.5 OIAVE ENCROACHES
FFF "751.06 I NOTE: DRNE
>m ''.7 1 Sss EASEMENT AND NFFDS TO BE
T R APP --246Y 0 s7,
To :L _n_ I sa Gd.o APPROVED BY CONTROLLING
r J
35,0E I n- PIS] 4 tu1lJNIC Y PRIOR CONSTRUCTION
H THE HOUSE CTION
NOTE: DRIVE ENCROACHES
x 1 EASEMENT AND SIDE YARD
9.33 I A RESTRICTION, HOUSE PLACEMENT
55 e 6 7.25' K 28.73' S I F'PR0 ED PER MARK BOYCE
57.4
5, LEA_ TT RT" I ti 41 Wawa
,R04 na1� SQUARE FOOTAGE::
TBO TG757.1
LLEV =757.1 PTR PLAN PUBLIC WALK 357 SF
A D�� DRIVE PRIVATE WALK— 175 SF
CHA CONC. DRIVEWAY 1,607 f SF
L /w CONC. APRON 174 SF
REAR GRADE 1,394 t SQ YARDS
SOD 432 SO YARDS
ENCROACI 15' BACK FROM FRONT OF HSE
Er- .7S5 EENCROACHMENT PCR PUN
T
SAN sEll -11 NOTE: SIDE A;}C ELEVATION TO BE.
=T 3 "(t 1') ABOVE CURB ELEVATION
PREPARED FOR MARK BOYCE
PLOT PLAN LOT 61 O NS
RESTRICTIONS NOTE: O Eo TO BEr I ABOVE
CAROLINA COMMONS SECTION 2 s�DE YARD 2 ,o r CURB AT DRIVEWAY r.B.M..
BOOK 13 PAGE 61
AccRECATE 20'
3968 CHADWICK DRIVE REAR YARD_ 25 JOB 99- 7.143-14
6/23/99 BCW
EXHIBIT A
CAROL/NA COA4M 0 N S
SECTION TWO s econ d ary pi t
tne uncersigned a redisteted Land Surveys: 1 tne StIfte of--1ndiana, hereby 'certify tnat tne within plat represents a
survey and sundavisIon of Part of the west Halfof Ine Southeast Quarter of Section 5, Township 27 Nortn, Earge 4 EAS: In
Clay To Hani1toi: County. Indiana, descried as f.
her•InnInG on tne West line of tne Southeast Quarter of Sectlor 5, ToSinship 1 North. Rance 4 Fast at Ine center1ine of an
exist:no sanatary se wer located 650:24 feet 03 degtees 00 mieUtei 05.Iseconds East (assu,ed bearing) :roo the Southwest
corner of said Southeast Quarter; thence .North 70 degrees 43 minutes.29 seconds Ta on said sewer -e--e-'•ne '2 f''' •-er
tne center of a mannole cove.-; thence North 34 decrees.52 Minutes 52 seConds on said sewer centerline 319.
to :fie center point-of a manhole coeeri thence Ncrtn 34 decrees 56 minutes IC seconds East on said aeser centoiline 214.25
f to the. center point of a manhole cover; thence North SI degrees 49 minutes 06" East on said sewer centei1ine
249.5G-feet.ta the center-point of a manhole cover; thence North el degrees 29 oinutes 23 seconds East on said sewer
teen -to the center point of a manhole cover; thence Ncrth'69 degree's 41 minutes 38 seconds East on said
sewer centerline 186.23 feet to the center point of eiminhole'dover:thehce Soutn 42 decrees 22 minutes 15 seconds East on
s centerline and the prolongation hero H4.06 I feet to tni East lihe Of the west Half of said Southeast Quarter;
I .■.hence OP degrees 04 minutes 44 seconds:Ens: on said Sint line •363.51 feet to the North line of said Soutneast
No 89 degrees 25 oinutes_46 seconds West line 1120.16 feet a point„ 220.00 feat South 89
)degijes 25 minutes AC Seconds.4.2.5tof the NtirthweStcorner of .said Southeast Quarter; thence South CC degrees OC minutes 05
seconds west .parallel West lihe.cf-said feet; thence North degrees 5C I minutei 5C seconds
.EsAti 144.00 feet; .thence South 00 degrees 00 05.-seOcnds,Westparallelwitn said west line 117.25 feet tothe North,
line of CAROLINA 'COHMONS, SECTION ENE, a sul>Jigasion, in' Tamilteld:Cotinty, Indiana, the plat of_which is recorded in Plat p-,0
C, pages 85 and 86 an the Office Pecer (the follonfig117.ocuises e,d distances are on
the of'said subdivision) 1. tiience South::89 Eait 315,96 fee to "the•;' co
i6f.'Lot 417 in said subdivision', said Cdreer"Deing on a curve 4aving'i'redius'of,2640.00 feeti21IthOnce North 85 27
minutes 54 seconds.tast on Ar_radiallioe'44 eurve,.a:distande gf 50.0C"feet4 3.1.thende Southeasterly
curving to the left on a.,curVelhAii,ng,A.i.adius-0 f.2590.062feee..-4nd,a. comMOn point ,4th the:last doscribed'oury'e,
.arc distance of 27.50.feat:_to elpOint' 04 .degree s 51"NInutes secends Weitfrwen said po:ln. 4.)
thence South 89 degrees .2C,minutes'45 .sedondi:E:ast feet;' 5.4 thence;South 36 manutet 315.57
feet; 6.) thence,Sobth'01,degreei"-l0,minute2.--35:secondN.East-L'14140 feit;' thence Vorth:89 degrees.20 secoddi
I. ,WeS: cl.ao feet:, )e So SOdlhe West65.73:feee to A point
I •radius point of whieh 56 'seconds Lant.A05l0T feet saidiaoint; Northwesterly
I -curving tO the pdrve.en:sreditarice of:173.54'feet to's-Point whicn bears South 21 „degrees 15 minutes
I' Seconds West fiom.said radius thtnceSouth 21 minutes 05 .seconds West 50'.00, South 15
i degracs .37 minutes 20 seOOnds'West':191.48'feet; 12:).thence North 57 degrees 43 minutes 25.seconds 112:36 feet; 13.)
thence'North 80 degiS42:40-minuteS.40sedondsWest1 fee to point Oure,.'the radius point:Of which
lien 19C.00 feet No 80 drees:41 MinOies AO seconds West from said point;-.14 thence SouthWesterly curving tO the right
on said cury e. an,arc dints ce:of feet'to Point :of tangeraf4 of said curve; 15.) thence South.20'degrees minutes -'1'•
-15 seconds Wert tangent with,2iid ourve' feet; 16.) thence North 69•degreed59 minutes 4.6 seconds West 126.20 to a
i pdint on a line which beirs Mlnutia secOndn-Eant from a point on he .Went line of.sad.outheast
1 Ouarter which is 1330.49 feit.North of•the said Southeent thence North"89 59
-.turas 55 seconds West on sAfdliNe to said:West,linef.thence South 00 degrees 00 Minutes on
said west line 680.25 feet to.t.he lala of Isedining,tdohtaining 26.517.acies, more_or less.
Subjeci to the Statutory for the iglats-of-waS for the W.C. Moffitt Williamson,Legal Drainsorossing the
Subject al no, to an existi AeWer,' on theSoutheily.line above describereal estate.' ''e
SUbject also; to- 30 on wide'VillIty:Ensement acielia,the:Northerly.and•Easterik 30 feet ofsaid.rial I eitate. per
f,......„„.. ns,..umenss se-orde,. in Mincpllaneous- Record:99, page 158 end lliscellaheous Record 111, page
4 7
5-4-.12ifidtfurther to all othei:legar'easemeOts'adel 'rightseof-wa'y
f' ---zi17..".,:-
ThiALstlbdivision consists Of nti .28 throdgh 67:heith'Ynciui've' Vo "A': altth Streets and easeoWer:ts as
ont The size of the lots and
'Y.' Ii. 'f•''
the'widt1 easementsiapdnireet:tights-Of-way are sh5(70'.'- fn figures feet and
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